STATE OF PUNJAB Vs. KASHMIR SINGH

JUDGEMENT

(1.) THE present is an appeal by the State against the judgment of the acquittal dated 8.6.1992 passed by the Additional Sessions Judge, Faridkot in a case FIR No. 108 of 25.12.1990 under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sadar Faridkot.

(2.) BRIEFLY , the facts are that on 25.12.1990. Ashok Kumar Inspector along with SI Kashmir Singh, SI Harcharan Singh and other police officials was going from the side of village Dhimanwali towards village Ratti Rori. When the police party reached at a distance of 1.5 Kilometres ahead of village Dhimanwali near Rajasthan canal bridge, the accused was seen coming from the opposite side. On seeing the police party the accused slipped towards his left side. On suspicion the accused was apprehended. After ascertaining the name and address, he was told that he could be taken before a Magistrate or a Gazetted Officer for his search but the accused showed confidence in the police officials. Personal search of the accused was taken by Ashok Kumar Inspector and Opium wrapped in a glazed paper was recovered from this right hand side. After making arrangement for the weights and scales it was weighed and it was found to be 800 grams. 10 grams opium was taken as sample and the remaining was put into a tin box. Separate parcels of the sample and remaining bulk were prepared and a writing was sent to the Police Station, on the basis of which formal First Information Report was recorded. Subsequently, the sample was sent to Chemical Examiner for analysis who declared the same as that of opium. On completion of investigation, the accused was sent for trial.

(3.) WE have heard Shri S.S. Randhawa, Deputy Advocate Central Punjab for the appellant State of Punjab and on perusal of the record we are of the opinion that no case for interference is made out in the present appeal.